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Application Of The Law Of The Absent* Sovereign In Territory Under Belligerent Occupation: The Schio Massacre, Eric Stein

Michigan Law Review

On July 6, 1945, in the village of Schio, a small community in the northern Italian Province of Vicenza, fifty-four persons confined in the Schio jail were shot to death by masked men who had forced their way into the prison. A large majority of the persons held in the Schio jail at the time of the shooting were suspected of collaboration with the Germans, and other political crimes. No formal charges were pending against one-third of the prisoners. At the time of the massacre the area was under the rule of the Allied Military Government.

Seven former partisans were …

Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson

Michigan Law Review

In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.

International Law-Privileges And Immunities Of United Nations Delegates And Officials-The International Organizations Immunities Act, Robert K. Eifler S.Ed.

Michigan Law Review

The legal status of United Nations delegates and officials is not tied to the prerogatives of diplomatic agents by international law, as was done in the Covenant of the League of Nations. This leaves the Member Nations and United Nations free to work out a system of privileges and immunities based on the requirements of the functions performed by varying strata of individuals, but until national legislation or an international convention is adopted the legal status of both delegates and officials depends upon an interpretation of the word "necessary."'

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …

Pooling And Unitization Of Oil And Gas Leases, A. Allen King

Michigan Law Review

Not so many years ago the oil industry faced utter collapse and ruin, a situation brought on by operations under legal rules developed in the early days of the industry when knowledge of the physical characteristics of oil and gas and their underground reservoirs was limited as compared with present day knowledge. In the late 1920's and early 1930's discoveries of great new oil fields that were developed and operated under the Rule of Capture and the Offset Drilling Rule caused a flood of oil on a market unable to absorb it. This not only had an adverse effect upon …

Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.

Michigan Law Review

In a recent Oklahoma case, City of Barnsdall v. Curnutt, an attorney was retained by a city to prosecute a damage claim arising out of the pollution of a stream. The attorney was to receive a 40 per cent contingency fee. The defendant in the action made an offer in compromise of $25,000 which was rejected by the city on advice of the attorney. Before the action was brought to trial the attorney died. The counsel substituted by the city obtained a settlement in which the city received $35,000, out of which a fee of $ 10,500 was paid …

Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer

Michigan Law Review

After the effective date of the Pennsylvania Community Property Act the husband used income from his separate property to pay part of an advance installment on a life insurance policy acquired before the act. He afterward assigned the policy to the plaintiff. The insurance company refused to recognize the validity of the assignment without the wife's consent on the basis that the income from separate property became community property so as to give the wife an interest in the policy. The Pennsylvania Community Property Act provided, inter alia, that: (1) the separate property of each spouse shall consist of that …

Constitutional Law-Civil Rights-Denial Under Color Of State Law Of Right To Serve On Federal Jury, William J. Schrenk, Jr.

Michigan Law Review

Plaintiff, a probationary high school teacher, was dismissed by the Board of Education of New York City upon the complaint of Keyes, the principal of her school, that she was absent from her duties for almost a month while serving on a federal jury. The state commissioner of, education and the state court denied her appeal for reinstatement, on the ground that her status under New York law was merely probationary. Plaintiff sued defendant Keyes in the federal district court, to recover damages under the Civil Rights Act for the deprivation of a right secured to her by the law …

Contracts--Effect Of Stipulation For Re-Negotiation Upon Stated Contingency--Impossibility Of Performance, John F. Buchman, Iii

Michigan Law Review

Plaintiff, popular star of "western" motion pictures, was under contract to defendant, extended by successive options through March 6, 1944, to act in eight pictures per year, at a graduated salary which would become $14,000 per picture during the last year of the contract. In May, 1942, a further contract was made, by which defendant secured an option on plaintiff's services for another year, which option it duly exercised. This later contract provided that if plaintiff went into military service, the parties would "agree upon their mutual rights and obligations" under the two contracts in view of that fact. This …

Corporations-Derivative Stockholders' Suits-Standing Of Subsequent Transferee Of "Tainted Shares", L. K. Cooperrider

Michigan Law Review

In a derivative suit the plaintiff, a minority stockholder, sought an accounting by officers and directors for salaries he alleged they had illegally caused the corporation to pay to themselves. The defendants' answer averred that all the alleged wrongful acts complained of occurred before the plaintiff acquired his stock, and that his vendor had acquiesced. It appeared from the record that the plaintiff's vendor had been an officer in the corporation prior to the time when the payments complained of occurred; that during his incumbency he had himself received payments similar to those in question, and that at a stockholders' …

Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr.

Michigan Law Review

Plaintiff brought suit in a federal district court to enforce the rights of defendant, an Illinois corporation, to monies allegedly embezzled by its president and to certain shares of stock allegedly issued to him illegally. The complaint alleged that plaintiff, a Delaware corporation, "is now and has been at all times hereinafter complained of the owner of 6538 shares of the common stock of . . . defendant herein." Defendant, showing by affidavit that plaintiff had never been a shareholder of record, moved to dismiss the complaint for failure to meet the requirements of federal rule 23 (b). The court …

Criminal Law-Search And Seizure-Admissibiliy In State Court Of Evidence Illegally Seized By Federal Authorities, Andrew W. Lockton, Ill

Michigan Law Review

Two federal narcotic officers accompanied by two state officers went into the defendant's residence, under the authority of a search warrant which authorized search only for marihuana. The search was fruitless. Observing an automobile in front, the two federal officers said something to the defendant, to which he replied, "why sure-look it over; you won't find anything in there." The federal officers were already searching the automobile when the state officers approaching the automobile saw a bottle of whiskey on the floor-board of the car. So far as can be gathered from the opinion, the state officers did not participate …

Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey

Michigan Law Review

In a contempt action against the business agent of an A.F.L. furniture and van workers local for violation of an injunction based on statutes prohibiting "hot goods" and "secondary" boycotts, held, petitioner discharged; the statutes are violative of the Fourteenth Amendment of the federal Constitution in prohibiting peaceful picketing or other publication of the facts concerning a labor dispute in pursuance of an "agreement or combination to cause" any employee to stop handling certain goods or to put pressure on his employer to do so. ln re Blaney, (Cal.1947) 184P. (2d) 892.

Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson

Michigan Law Review

Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …

Statute Of Frauds-Extinguishment Of Beneficial Interest In Constructive Trust In Land, Richard J. Archer

Michigan Law Review

In order to increase borrowing capacity the husband conveyed several parcels of land to his wife so as to establish a separate credit for her; parol evidence indicated that the conveyance was for the use of the husband. Subsequently their relations became estranged, and the husband attempted a parol surrender of the parcels to his wife. The New Jersey Statute of Frauds is the counterpart of the English Statute requiring the creation of an express trust to be manifested and proved by writing but excluding from the requirement of writing creations, transfers, or extinguishments by operation of law. In a …

Wittenberg: Dangerous Words, Michigan Law Review

Michigan Law Review

A Review of DANGEROUS WORDS. By Philip Wittenberg.

Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review

Michigan Law Review

A Review of PRESIDENTIAL GOVERNMENT IN THE UNITED STATES. THE UNWRITTEN CONSTITUTION. By C. Perry Patterson

Hall: Selected Writings Of Benjamin Nathan Cardozo, Michigan Law Review

Michigan Law Review

A Review of SELECTED WRITINGS OF BENJAMIN NATHAN CARDOZO. Edited by Margaret E. Hall.

Link: Wilson: The Road To The White House, Michigan Law Review

Michigan Law Review

A Review of WILSON: THE ROAD TO THE WHITE HOUSE. By Arthur S. Link.

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publisher's literature, and the ordinary library sources.

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.

Constitutional Law--Investigatory Power Of Congress--Validity Of The Un-American Activities Committee Inquiries Into Professional And Political Affiliations, Charles M. Soller

Michigan Law Review

The recent probe into the motion picture industry by the House Committee on Un-American Activities and the resulting indictment of ten witnesses for contempt of Congress have served not only to keep this controversial committee in the publicity spotlight, but have also raised some constitutional questions which have long gone unanswered. The indictment of the ten recalcitrant witnesses under Title 2, section 192, of the United States Code followed their citation for contempt by the House of Representatives for refusal to give direct answers to the Committee's questions: "Are you a member of the Screen Writers Guild?" and "Are you …

Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.

Michigan Law Review

A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …

Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review

Michigan Law Review

A Review of LAW IN ACTION. AN ANTHOLOGY OF THE LAW IN LITERATURE. Edited by Amicus Curiae. Introduction by Roscoe Pound.

Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii

Michigan Law Review

This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the …

Trusts--Constructive Trusts--Effect Of Inter-Vivos Transfer Of Land On Oral Trust To Reconvey To Transferor, Ira M. Price, Ii S.Ed.

Michigan Law Review

Plaintiff, who had courted defendant for six years and had proposed marriage, conveyed a lot and house to defendant after various discussions and immediately upon the written suggestion of defendant. Later their romance terminated when she went abroad and plaintiff turned his attention to another woman. In a suit to cancel deed to the premises, held, that because of the confidential relationship which had existed between the parties and in order to prevent defendant from "completing her fraud," defendant held title as constructive trustee for plaintiff. Kausky v. Koten, (Wash. 1947) 179 P. (2d) 950.

Chafee, Jr: Government And Mass Communications, Michigan Law Review

Michigan Law Review

A Review of GOVERNMENT AND MASS COMMUNICATIONS. Report from the Commission on Freedom of the Press. 2 vols. Zechariah Chafee, Jr.

Copeland & Towl: The Board Of Directors And Business Management, Michigan Law Review

Michigan Law Review

A Review of THE BOARD OF DIRECTORS AND BUSINESS MANAGEMENT. Melvin T. Copeland and Andrew R. Towl.

Ewing: Congressional Elections 1896-1944, Michigan Law Review

Michigan Law Review

A Review of CONGRESSIONAL ELECTIONS 1896-1944. Cortez A. M. Ewing.

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publisher's literature, and the ordinary library sources.